5.6 Development Planning

The development planning system is Scotland has an important role to play in the effective delivery of the ADG AWP. This relates both to facilitating the infrastructure required to deliver the MSW BPEO, but also in encouraging more sustainable forms of development. These aims must be balanced to ensure that amenity value, natural and built environments are also protected and enhanced.

Context for Development Planning
It is clear that given the scale of the task in meeting landfill diversion targets, that a significant level of new infrastructure will be required in the coming years.

It is expected that the following publications will assist land use planners with consistency and clarity when considering development applications and formulating development plan policies for waste-management proposals in Scotland.

• NPPG 10, Planning and Waste Management.

• PAN 63 Waste-management Planning.

• The AWP.

NPPG 10 Planning and Waste Management
NPPG 10 clearly sets out the role and responsibility of planning authorities in developing policy and identifying sites for waste-management facilities. 'Planning authorities have a duty to provide policies for suitable waste disposal sites or installations in order to supply the land necessary for waste treatment and disposal to take place.' (National Planning Policy Guideline No 10 – Planning and Waste Management, pg 6, para 2).

Paragraph 99 of NPPG 10 also clearly states the need for development plans to identify sites consistent with the National Waste Strategy. Recent discussion with the Scottish Executive re-emphasised that specific sites for waste-management facilities should be identified in Development Plans as appropriate; with more problematic infrastructure such as landfills and Energy from Waste facilities being considered in terms of appropriate areas of research.

It is likely that the Scottish Executive will be writing to Planning Authorities requesting them to update their Development Plans in light of the infrastructure requirements identified in finalised AWPs.

PAN 63 Good Practice in Waste-management Planning
To enable dissemination of best practice advice and encourage a more proactive approach to waste-management policy in development plans, the Scottish Executive published Planning Advice Note 63 (PAN 63) on good practice in waste-management planning. PAN 63 was jointly developed by the Scottish Executive, SEPA and representatives from waste industry, local authorities, planners and environmental groups.

PAN 63 builds on the guidance already contained in National Planning Policy Guideline 10, Planning and Waste Management published in March 1996. It provides best practice on a range of issues associated with the land-use requirements for delivery of an integrated network of waste-management facilities and encourages a more proactive approach to waste-management policy in development plans.

The AWP
The AWP is a material consideration in the land-use planning system. For the waste streams covered, the AWP provides a clear framework for the development of waste-management facilities to meet landfill diversion targets. AWPs provide indicative infrastructure requirements to be incorporated into development plan policy as soon as is practicable.

Need for Positive Planning
The local authorities represented on the WSAG are the land use planning authorities for the area and recognise that statutory Development Plans need to be integrated to reflect the land use and policy requirements of the AWP.

The planning system has the responsibility to plan positively for the necessary waste-management infrastructure needed to implement the AWP. Furthermore, land-use planning authorities also have a responsibility to ensure that development applications that are not in accordance with the AWP BPEO decision, are fully assessed to ensure they do not compromise the objectives of the AWP.

The Scottish Executive has stated that AWPs are a material consideration for the land-use planning system. As far as is practicable, the AWP provides a clear framework for the development of waste-management facilities to meet landfill diversion targets. AWP indicative infrastructure requirements should, where possible, be incorporated into development plan policy as soon as possible.

The WSAG note that to do this local Plans will either require to be formally altered or the work required be built into the preparation process. Formal alteration of local Plans as well as the more normal preparation route requires full public consultation and normally a public local inquiry. For the public consultation to be effective an environmental impact assessment of the various options will be required with a clear justification for the chosen location.

As Planning Authorities, WSAG members can also develop policies to make sure that new development minimise the generation of waste and that necessary infrastructure (e.g. recycling points) are built into the design process for large scale housing and commercial development.

Joint Working
Where possible, WSAG members should work together to consider the need for waste-management facilities on a regional basis. This could be most easily achieved by co-ordinating reviews of existing development plan policy coverage.

Technical Support
SEPA has agreed to provide expert technical assistance to planning authorities in defining the technologies that accord with the MSW BPEO decision (and future BPEO decisions). This may take the form of commenting on the degree to which planning applications accord with the AWP, reviewing life-cycle assessment models where necessary and offering to appear as expert witnesses at public inquiries if required. Further assistance in the interpretation of the Landfill Directive and calculation of remaining landfill capacities, including the provision of waste data, will also be provided if required. It should be noted that this assistance to planning authorities is dependent on SEPA having suitable resources available at the time of any such request.